UTHUKELA DISTRICT MUNICIPALITY Environmental Management Framework Report Status Quo Report: Rivers & Wetlands 1. Administrative boundaries. The uThukela District Municipality (UTDM) (DC23) is one of 10 district municipalities located within the western (central) districts of KwaZulu-Natal Province of South Africa. The UTDM incorporates a district management area (DC23) that collectively covers an area of approximately 11500 km2. It is made up of five local municipalities, namely Emnambithi/Ladysmith (KZN232) (2,965.92 km 2), Indaka (KZN233) (991.71 km 2), Umtshezi (KZN234) (2130.85km 2), Okhahlamba (KZN235) (3540.63 km 2), and Imbabazane (KZN236) (827.74 km 2) Municipalities. 2. Legislation governing the management, development and accountability pertaining to surface water resources within the UTDM. The various sections of the various Acts, laws and regulations that are relevant to aspects pertaining to the conservation, development and management of the surface water resources throughout the UTDM are presented in the sections below. The legislative frameworks were based on DWA (2000), various Local Municipality IDPs (2011/2012), Mosai (2004) and Marais (2011). 2.1. The Constitution Act 108 of 1996 The Constitution of the Republic of South Africa has enshrined within it the right of an environment that is not harmful to the well being of its citizens and the right to a protected environment. In order to uphold this right for the present and future generations (as advocated by the principles of Sustainable Development), the planning and implementation processes of development projects must be oriented to accommodate the principles of sustainable development. 2.2. The National Environmental Management Act 107 of 1998 (NEMA) The National Environmental Management Act (NEMA) is central to South African environmental laws as it gives effect to the environmental right within the Constitution and acts as a hub for all other environmental legislation. The purpose of the NEMA is to provide 1 for co-operative, environmental governance on matters affecting the environment by establishing principles for decision-making and institutions that will promote co-operative governance and procedures for co-ordinating environmental functions. Three significant concepts enshrined in NEMA and which are relevant to the environmental management requirements of the various local municipalities are the concept of Sustainable Development which is summarily defined as the integration of social, economic and environmental factors in decision-making so that development serves present and future generations ; the Polluter-pays principle which provides that the costs of remedying pollution, environmental degradation, and consequent adverse health effects and of preventing, controlling or minimizing further pollution, environmental damage or adverse health effects must be paid for by those responsible for causing such impacts on the environment; and Integrated Environmental Management (IEM) which promotes essentially Environmental Impact Assessment (EIA) processes including risks averts, and due diligence in project planning and implementation. By implication, the local municipalities are therefore required by to monitor the utilization of all environmental resources and the impacts that such resource use pose to the environment. The municipality is further required to demonstrate the application of the principles of sustainable development through: • The preparation of relevant management tools, • The application of such tools in all of its programme and projects planning processes, • The monitoring of environmental performance within the municipality, and • The continuous improvement of the management efficiency of the tools and related resources an acceptable monitoring and evaluation programme. For the local municipalities, it is essential to be aware that the National Environmental Management Act (Act 107 of 1998) has in terms Government Gazette No. 33306 established regulations and guidelines regarding the conduct of EIA processes under sections 24(5), 24(M) and 44 of the Act. The regulations cover two primary aspects: firstly, they describe and classify activities, which potentially have a deleterious effect on the environment. Secondly, they identify specific environments which are considered to be particularly sensitive and therefore require protection from undue development pressures. Thus for the local municipalities, cognizance needs to be taken of these EIA guidelines during the planning and implementation of all infrastructural and other development projects in the municipality. Of major significance for the municipality is the implementation of its IDP (Integrated Development Plan) projects some of which may be triggers of the Environmental Impact Assessment Regulations Listings 1, 2, or 3 (refer to Annexure1). NEMA requires that for each triggered activity the municipality or developers within the municipality need to obtain authorization from the KZN Department of Agriculture, Environmental Affairs and Rural Development prior to implementation of the listed activity. 2 It is important to be aware that prior to granting approvals for development activities by the municipality, the regulations governing development activities as contained in NEMA must be consulted by the relevant authorizing officials. 2.3. Environment Conservation Act (Act 73 of 1989) The sections from the Environment Conservation Act (ECA) that are relevant to utilisation of the water resources within the UDM include, but are not limited, to the following: • Sections 19, 19A, and 24A. Prohibition of littering. • Sections 20 and 24 Control of waste disposal sites. • Sections 23 and 27. Declaration of Limited Development Areas. • Sections 31 and 31A. Power of Government to order cessation of harmful activity. 2.4. National Environmental Management: Biodiversity Act (Act 10 of 2004) The National Environmental Management: Biodiversity Act (NEMBA) was enacted in order to meet South Africa’s obligations in terms of the 1992 Convention on Biological Diversity. NEMBA represents a shift in the approach to species protection, acknowledging that in order to protect a particular species, such as Black Rhino, its habitat and the ecosystem of which it is a part must also be protected. The key elements of NEMA include: • Chapter 4 covers the protection of ecosystems, the protection of species, gives effect to South Africa’s obligations in terms of CITES, and ensures that biodiversity is utilised in a sustainable way. • Chapter 52 empowers the Minister of Environmental Affairs to publish a list of ecosystems that are threatened and in need of protection. The draft national list of Threatened Ecosystems was published in GNR 1477 (of 2009). • Section 53 empowers the Minister of Environmental Affairs to identify any process or activity in a listed ecosystem as a .threatening activity. and require prior Environmental Authorisation. • Section 56 empowers the Minister of Environmental Affairs to publish a list species which are considered to be critically endangered, endangered, vulnerable, or need of protection. • Chapter 5 regulates the control of alien species and eradication of listed invasive species. The draft list of alien and invasive species was published in GNR 1146 and GNR 1147 (of 2007). 3 2.5. National Environmental Management: Protected Areas Act (Act 57 of 2003) The National Environmental Management: Protected Areas Act (PAA) was enacted to provide for declaration and management of protected areas in South Africa. The PAA should be read in conjunction with the principles set out in NEMA and Section 5 and 6 of NEMBA. The PAA represents a shift in the approach to conservation from the historical .protectionist approach (i.e. exclusion of local communities) to allowing controlled access to resources and participation in the management of protected areas. 2.6. National Environmental Management: Waste Act (Act 59 of 2008) (NEMWA) The National Environmental Management: Waste Act (NEMWA) was enacted to protect health and the environment by providing for: • Institutional arrangements and planning matters. • Reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development. • National norms and standards for regulating the management of waste by all spheres of government. • Specific waste management measures. • Licensing and control of waste management activities. • Remediation of contaminated land. • National waste information system. • Compliance and enforcement. • Chapter 5 of NEMWA covers the licensing of waste management activities. The list of activities requiring a Waste Management Licence is published in: • GNR 718 (2009). A Basic Assessment process in accordance with EIA regulations (i.e. GNR 543 of 2010) is required for activities listed in this notice. • GNR 719 (2009). An Environmental Scoping and Environmental Impact Reporting process in accordance with EIA regulations (i.e. GNR 543 of 2010) is required for activities listed in this notice. 2.7. National Water Act (Act 36 0f 1998) The National Water Act (NWA) is the main South African statute regulating fresh water use and pollution. The NWA is administered by the Department of Water Affairs (DWA) and regulates the use, flow, and control of all water in the country. • Chapter 2 provides for the protection of water resources through the classification of water resources, determination of reserves, prevention, and remediation of pollution, and control of emergency